Question 1 · 10 marks · 112 words written
There is a need to resolve the ambiguity in the disqualification provisions under section 8 of the Representation of People Act 1951. Discuss. (Answer in 150 words) 10 marks.
Opening · a definition
As per the RPA, 1951 Section 8, a person will be disqualified from the seat of Parliament if he is convicted for 2 years for a criminal offence.
Body · points
This section was enforced in RPA, 1951 by the Lily Thomas Judgement, 2013 to prevent criminalisation of politics.
Recently, Rahul Gandhi, a Congress leader was disqualified from Parliament due to conviction of 2 years for defamation.
There is an ambiguity in the disqualification provisions of RPA because the offences have not been defined comprehensively in the provisions.
Offences like bribery, spreading enmity, hatred towards a community- these terms are vague and need to be redefined.
Close · a summary
Thus, section 8 of RPA needs to be revisited.